Accused’s youthfulness, lack of criminal record, and pro-social conduct had to be taken into account

On two occasions, accused pulled his tanker truck out into oncoming lane, without checking, to pass vehicles moving slowly due to whiteouts and icy road surfaces. While in oncoming lane, accused struck tractor-trailer and caused death of driver. Accused was 31 years old and had no criminal or driving record. Accused was convicted of dangerous driving causing death. Accused sentenced to three years’ imprisonment and five-year driving prohibition. Reasonable person in circumstances would have foreseen risk of passing attempt and would have avoided it. Accused’s attempt to pass represented almost wanton and reckless disregard for lives and safety of those around him. Primary sentencing goals were denunciation and deterrence, especially given that offence was committed in tractor-trailer. Accused did not genuinely accept his part in death of deceased, but his youthfulness, lack of criminal record, and pro-social conduct had to be taken into account. Weapons prohibition for ten years and DNA order were imposed.

R. v. Singh (2018), 2018 CarswellOnt 12408, 2018 ONSC 4598, A.D. Kurke J. (Ont. S.C.J.).